Articles Posted in Construction Generally

The California Labor Commissioner now has more power to enforce  minimum wage requirements and to collect payment for wage-related claims. California Governor Brown’s website confirmed Saturday that he has signed into law special provisions permitting the Labor Commissioner to, among other things, file a lien or levy on an employer’s property in order to assist an employee in collecting unpaid wages-related judgment. The Labor Commissioner has this power regardless of whether the judgment is entered in its favor or in favor of the employee. In addition, if a final judgment against an employer is unsatisfied, as required by the new law, the employer will not be permitted to continue to conduct business in California unless the employer has obtained a bond from a surety company and has filed a copy of that bond with the Labor Commissioner. Contractors beware, the bottom line is that you will not be able to ignore wage-related judgments without potentially significant consequences.

Additional Sources:  Senate Bill 588 (De León)

States that require a person that engages in work requiring a contractor’s or specialty contractor’s license generally include within their licensing law an express provision making it unlawful to advertise for work requiring a contractor’s license unless the person, in fact, is property licensed.  Many states’ licensing laws also require a licensed contractor to include its license number in any advertising.  Starting October 1, 2015, Section 624.720(2) of the Nevada Revised Statutes requires any person not licensed pursuant to Nevada’s contractors’ licensing law, Chapter 624 of the Nevada Revised Statutes, who advertises to perform or complete construction work or a work of improvement to affirmatively state in the advertisement that he or she is not licensed pursuant to Chapter 624.  Licensed contractors should also be careful not to advertise for work that exceeds the scope of their contractor’s or specialty contractor’s license.

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National Fire Prevention Week commemorates the Great Chicago Fire of 1871.  Over the course of two days, the fire reportedly killed more than 250 people, left 100,000 homeless, destroyed more than 17,400 structures and burned more than 2,000 acres.  On June 1, the National Fire Protection Association announced  “Hear the Beep Where You Sleep: Every Bedroom Needs a Working Smoke Alarm” as the theme for this year’s Fire Prevention Week campaign.  With this theme, its goal is to better educate the public about NFPA 72, National Fire Alarm Code®, which requires a smoke alarm in every bedroom, outside each sleeping area and on every level of the home (referred to as the “‘sleepy’ smoke alarm requirement”).   On October 2, President Oba proclaimed October 4 through October 10, 2015, as Fire Prevention Week.

Additional Sources:  National Fire Protection Association, About Fire Prevention Week

The Washington State Building Code Council (SBCC) adopted an emergency rule, WAC 51-54A-3800, effective July 1, 2015,  to specify requirements amending the International Fire Code dealing with marijuana processing and extraction facilities stemming from these facilities’ use of flammable and combustible liquids for the liquid extraction process. These rules, along with other rulemaking proposals are open for public comment on the SBCC rulemaking page of their website, and comments are due by close of business on October 23, 2015.

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The Washington State Department of Labor & Industries (L&I) has identified common corrections required by electrical inspectors.  It reported that out of  the 185,878 inspections made for electrical contractors last year 18% required corrections and re-inspections and, in its own words, “remarkably” 20% of all electrical contractors were responsible for 80% of the work requiring correction and re-inspection. L&I also cautioned that Section 1928.361 of the Revised Code of Washington (RCW 19.28.361) makes the installer – contractor and electrician – personally responsible and liable for any injury or damage to a person or property for any defect in the electrical installation.

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UPDATE: OSHA has extended its temporary enforcement policy through March 8, 2016, only for employers engaged in residential construction work.  OSHA had extended the temporary enforcement policy through January 8, 2016.

In response to industry participants’ request for an extension of the effective date of the Confined Spaces in Construction standard published on May 4, 2015 and in effect on August 3, 2015, OSHA has confirmed that, although it will not delay the effective date it will postpone full enforcement of the new standard for 60 days from the effective date of August 3, 2015 to October 2, 2015 if the employer is “making good faith efforts to comply” with the new standard.

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Pursuant to his authority under California Government Code § 8620, Governor Brown declared a state of emergency on September 11  in Amador  and Calaveras Counties, and on September 13 for Lake and Napa Counties for the wildfires that started in early September.  Contractors beware that Section 7028.16 of California’s Contractors’ State License Law, Business & Professions Code §§ 7000 et seq., expressly prohibits engaging in the business or acting in the capacity of a contractor without having an appropriate license when offering or performing repairs to a residential or nonresidential structure for damage caused by a natural disaster.  A violation of Section 7028.16 is punishable by a fine up to $10,000 and/or imprisonment for up to 16 months in a state prison.

Additional Source:  Contractors State License Board Offers Resources for Northern California Wildfire Victims; State Tax Relief for Victims of the Wildfires in Amador, Calaveras, Lake, and Napa Counties

The Philadelphia Department of Licenses and Inspections (L&I) has posted notice that the new demolition contractor license requents are effective October 1, 2015.  L&I has made available information on Demolition Contractor License Class A and Class B application requirements. According to its website, L&I will begin accepting license applications on September 14, 2015 and on and after November 1, 2015 a licensed demolition contractor must be identified on all demolition permit applications.

Additional Source:  City of Philadelphia Announces new Demolition Standards and Initiatives (June 10, 2013)

In late August 2015, the California Supreme Court denied Pacific Caisson & Shoring, Inc.’s (Pacific Caisson) petition for review of the Second Appellate District Court of Appeal’s decision affirming the trial court’s judgment that Pacific Caisson did not substantially comply with the requirement that a contractor be licensed while performing work requiring a license, as contemplated by Section 7031(e) of California’s Contractors’ State License Law, Cal. Bus. & Prof. Code §§ 7000 et seq.  The Court of Appeal’s further held that the trial court’s judgment falls within the ambit of Section 7071.17of California’s Contractors’ State License Law; Pacific Caisson’s license was suspended pursuant to Subdivision (b) of Section 7071.1 as an associated license of Gold Coast Drilling, Inc., a licensee with an unreported final judgment imposed against it.